IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF DECEMBER 2017 BEFORE THE HON’BLE MR. JUSTICE S.N.SATYANARAYANA WRIT PETITION NO.13257 OF 2017 (KLR-RES) BETWEEN:
1. SRI.N.BASAVARAJ S/O LATE NARAYANAPPA AGE: 58 YEARS 2. SRI.N.NAGARAJ S/O LATE NARAYANAPPA AGE: 55 YEARS 3. SRI.N.RAMAMURTHY S/O LATE NARAYANAPPA AGE: 53 YEARS 4. SRI.N.VIJAYAKUMAR S/O LATE NARAYANAPPA AGE: 38 YEARS ALL ARE RESIDING AT MESAGANAHALLI VILLAGE JALA HOBLI BANGALORE NORTH TALUK BANGALORE – 562 149 … PETITIONERS (BY SRI.NATARAJU B.HALEMANE, ADV.) AND:
1. THE SECRETARY DEPARTMENT OF REVENUE GOVERNMENT OF KARNATAKA VIDHANA SOUDHA VIDHANAVEEDI BANGALORE – 560 001 2. THE THASILDHAR BANGALORE NORTH ADDITIONAL TALUK MINI VIDHANA SOUDHA YELAHANKA BANGALORE – 560 064 3. THE SPECIAL DEPUTY COMMISSIONER BANGALORE NORTH SUB DIVISION BANGALORE URBAN DISTRICT D.C.OFFICE COMPOUND BANGALORE – 560 009 … RESPONDENTS (BY SRI.KIRAN KUMAR T.L., AGA FOR R1 TO R3) - - -
This Writ Petition is filed under Articles 226 and 227 of the Constitution of India, praying to call for the records from the office of the R2 vide Annexure-P and quash Annexure-P dated 24.2.2016 passed by R3 and etc.
This Petition coming on for Preliminary Hearing this day, the Court made the following:-
ORDER Learned Additional Government Advocate takes notice for the respondents.
2. The petitioners herein are children of G. Narayanappa who died on 25.8.2012. The petitioners would state that their father was grantee of land bearing Sy.No.35 of Mesaganahalli Village, Jala Hobli, Bengaluru North (Additional) Taluk to an extent of 1 acre 25 guntas under grant certificate No.LND/RUC/117/1998-99 and an extent of 25 guntas under another grant certificate issued in the same proceedings and according to them, they were in possession and enjoyment of the aforesaid 1 acre 25 guntas and 25 guntas from the time of grant made in their father’s name till his death and thereafter also they are continuing to be in enjoyment and possession of aforesaid land.
3. The grievance of the petitioners is that the authorities have initiated proceedings under Section 136(3) of the Karnataka Land Revenue Act, 1964 to ascertain the genuineness of the grant certificate in favour of their father. In the said proceedings, no notice was issued to their father and that after his death, an order has been passed against dead person holding that grant in his favour is bogus. The grievance of the petitioners is that if an opportunity were to be given to them to come on record as legal representatives of deceased, they would have produced the grant certificate and establish that grant in favour of their father is genuine and subsequent title to the land in their name is valid to the said grant.
4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate appearing for the respondents who has taken notice this day and perused the materials available on record.
5. On going through the materials, it is seen that the order impugned dated 24.2.2016 is passed by 3rd respondent herein 4 years subsequent to the death of petitioners’ father and the records does not indicate notice being given to any of them.
6. In that view of the matter, the order impugned is set aside and the proceedings in RRT/2/N(A)CR/06/10-11 is restored to file before the 3rd respondent – Special Deputy Commissioner with a direction that the said Officer shall dispose of the same within 6 months from the date of receipt of a copy of this order. To ensure that the petitioners herein would get notice to this proceedings, they are directed to file an application before the 3rd respondent along with a copy of this order to seek revival of the aforesaid RRT proceedings pursuant to order passed in this proceedings.
Accordingly, the writ petition is disposed of.
Sd/- JUDGE RV